Driving Instructors (Registration) Bill (HC Bill 125)

A

BILL

TO

Make provision about the registration of driving instructors.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Amendments to existing regime

1 Re-entry in the register following expiry of registration

(1) Part 5 of the Road Traffic Act 1988 (driving instruction) is amended as follows.

(2) In section 126 (duration of registration), omit subsection (3).

(3) 5After that section insert—

126A Re-entry in the register following expiry of registration

(1) This section applies where a person whose name has been removed
from the register under section 126(1) applies under section 125(2) for
the person’s name to be entered again in the register.

(2) 10The Registrar is not to regard the condition specified in section 125(3)(a)
as fulfilled unless the Registrar is satisfied that—

(a) the person has again passed the examination mentioned in
section 125(3)(a) since the removal of the person’s name, or

(b) the person falls within subsection (3) or (4).

(3) 15A person falls within this subsection if—

(a) the person’s application is made within the period of one year
beginning with the removal of the person’s name (“the one year
period”), and

(b) the relevant conditions are fulfilled.

(4) 20A person falls within this subsection if—

(a) the person’s application is made after the end of the one year
period but within the period of four years beginning with the
removal of the person’s name,

Driving Instructors (Registration) BillPage 2

(b) the relevant conditions are fulfilled,

(c) the person has passed a continued ability and fitness test since
the removal of the person’s name, and

(d) the number of times (if any) that the person has failed to pass
5such a test since that removal is less than three.

(5) For the purposes of subsections (3)(b) and (4)(b), “the relevant
conditions” are—

(a) that the person did not refuse to undergo—

(i) a continued ability and fitness test, or

(ii) 10an emergency control assessment,

which the person was required to undergo during the period of
four years ending with the removal of the person’s name from
the register, and

(b) that, where the person did undergo one or more continued
15ability and fitness tests during that period, the person passed
the last such test.

(6) In this section “continued ability and fitness test” means a test of
continued ability and fitness to give instruction in the driving of motor
cars which is prescribed for the purposes of section 125(5)(a)(i).”

2 20Voluntary removal from the register and subsequent re-entry

(1) Part 5 of the Road Traffic Act 1988 (driving instruction) is amended as follows.

(2) After section 128 insert—

128AZA Voluntary removal from the register

(1) The Registrar must remove a person’s name from the register if the
25person applies to the Registrar for the removal.

(2) An application is to be made in such manner, and accompanied by such
particulars, as the Secretary of State may determine.

(3) The Registrar must give notice in writing of the removal to the
applicant.

(4) 30The Registrar may restore a person’s name in the register where its
removal under this section was made by mistake or procured by fraud.

(5) Where a person’s name is so restored, the removal and restoration are
ignored for the purposes of section 126(1) (duration of registration).

128AZB Re-entry in the register following voluntary removal

(1) 35This section applies where a person whose name has been removed
from the register under section 128AZA applies under section 125(2)
for the person’s name to be entered again in the register.

(2) The Registrar is not to regard the condition specified in section 125(3)(a)
as fulfilled unless the Registrar is satisfied that—

(a) 40the person has again passed the examination mentioned in
section 125(3)(a) since the date of the removal of the person’s
name, or

(b) the person falls within subsection (3) or (4).

Driving Instructors (Registration) BillPage 3

(3) A person falls within this subsection if—

(a) the person’s application is made—

(i) within the period of one year beginning with the date of
the removal of the person’s name (“the one year
5period”), and

(ii) within the period of four years beginning with the date
when the person last passed the examination mentioned
in section 125(3)(a) or a continued ability and fitness test,
and

(b) 10the relevant conditions are fulfilled.

(4) A person falls within this subsection if—

(a) the person’s application is made—

(i) within the one year period but not within the period
mentioned in subsection (3)(a)(ii), or

(ii) 15after the end of the one year period but within the
period of four years beginning with the date of the
removal of the person’s name,

(b) the relevant conditions are fulfilled,

(c) the person has passed a continued ability and fitness test since
20the date of the removal of the person’s name, and

(d) the number of times (if any) that the person has failed to pass
such a test since that date is less than three.

(5) For the purposes of subsections (3)(b) and (4)(b), “the relevant
conditions” are—

(a) 25that the person did not refuse to undergo—

(i) a continued ability and fitness test, or

(ii) an emergency control assessment,

which the person was required to undergo during the period of
four years ending with the date of the removal of the person’s
30name from the register, and

(b) that, where the person did undergo one or more continued
ability and fitness tests during that period, the person passed
the last such test.

(6) In this section “continued ability and fitness test” means a test of
35continued ability and fitness to give instruction in the driving of motor
cars which is prescribed for the purposes of section 125(5)(a)(i).”

(3) In section 128 (removal of names from the register), in subsections (6), (6A) and
(7), after “the register” insert “under this section”.

(4) In section 131 (appeals), at the end insert—

(6) 40In subsections (1)(c) and (4D) the references to removal of a name from
the register do not include removal under section 128AZA (voluntary
removal).”

Driving Instructors (Registration) BillPage 4

Amendments to existing regime as amended by the Road Safety Act 2006

3 Re-entry in the register following expiry of registration

(1) Schedule 6 to the Road Safety Act 2006 (which makes amendments to Part 5 of
the Road Traffic Act 1988 which are not in force) is amended as follows.

(2) 5In paragraph 8, in section 126 of the Road Traffic Act 1988 (duration of
registration) as substituted by that paragraph, in subsection (4) for the words
from “he” to the end substitute “—

(a) the person is required again to fulfil such of the conditions prescribed
under section 125ZA(1) as may be prescribed, and

(b) 10if the registration is in relation to the giving of driving instruction, the
person, if required by regulations to do so, must also pass such an
examination of continued ability and fitness referred to in section
125ZA(4)(a) as may be prescribed.”

(3) After paragraph 8 insert—

8A 15If section 126A (re-entry in the register following expiry of
registration) (which is inserted by section 1 of the Driving Instructors
(Registration) Act 2016) is in force, omit section 126A.”

4 Voluntary termination of registration and subsequent re-registration

(1) Schedule 6 to the Road Safety Act 2006 (which makes amendments to Part 5 of
20the Road Traffic Act 1988 which are not in force) is amended as follows.

(2) After paragraph 10 insert—

10A After that section insert (or if sections 128AZA and 128AZB (which
are inserted by section 2 of the Driving Instructors (Registration) Act
2016) are in force, for sections 128AZA and 128AZB substitute)—

128AZA 25Voluntary termination of registration

(1) The Registrar must terminate a person’s registration in relation
to the giving of a description of driving instruction if the person
applies to the Registrar for the termination of that registration.

(2) An application is to be made in such manner, and accompanied
30by such particulars, as the Secretary of State may determine.

(3) The Registrar must give notice in writing of the termination to
the applicant.

(4) The Registrar may restore a person’s registration where its
termination under this section was made by mistake or
35procured by fraud.

(5) Where a person’s registration is so restored, the termination
and restoration are ignored for the purposes of section 126(1)
(duration of registration).

(6) Where a person whose registration in relation to the giving of a
40description of driving instruction has been terminated under
this section applies under section 125 to be registered again in

Driving Instructors (Registration) BillPage 5

relation to the giving of that description of driving instruction,
the person—

(a) is required again to fulfil such of the conditions
prescribed under section 125ZA(1) as may be
5prescribed, and

(b) if required by regulations to do so, must also pass such
an examination of continued ability and fitness referred
to in section 125ZA(4)(a) as may be prescribed.””

(3) In paragraph 10, in section 128 of the Road Traffic Act 1988 (termination of
10registration) as substituted by that paragraph, in subsections (4), (6), (7) and (8)
after “person’s registration” insert “under this section”.

(4) In paragraph 11, in section 128A of that Act (power to give direction as to
further applications) as inserted by that paragraph, at the end insert—

(4) In subsection (1)(c) the reference to termination of a person’s
15registration does not include termination under section 128AZA
(voluntary termination of registration).”

(5) In paragraph 13 (which amends section 131 (appeals) of that Act), after sub-
paragraph (8) insert—

(9) At the end insert (or if subsection (6) of section 131 (which is inserted
20by section 2 of the Driving Instructors (Registration) Act 2016) is in
force, for that subsection substitute)—

(6) In subsections (1)(b) and (4D) the references to termination of a
person’s registration do not include termination under section
128AZA (voluntary termination of registration).””

25General provisions

5 Consequential amendments, repeals and revocations

(1) The Secretary of State may by regulations made by statutory instrument make
such provision as the Secretary of State considers appropriate in consequence
of this Act.

(2) 30The power conferred by subsection (1) includes power—

(a) to make transitional, transitory or saving provision;

(b) to amend, repeal or revoke any provision of primary legislation or
secondary legislation which is passed or made before this Act or in the
same Session as this Act.

(3) 35A statutory instrument containing (whether alone or with other provision)
regulations under subsection (1) which amend, repeal or revoke any provision
of primary legislation may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of Parliament.

(4) Subject to that, a statutory instrument containing regulations under subsection
40(1) is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) In this section—

  • “primary legislation” means—

    (a)

    an Act of Parliament;

    Driving Instructors (Registration) BillPage 6

    (b)

    an Act of the Scottish Parliament;

    (c)

    a Measure or Act of the National Assembly for Wales;

    (d)

    Northern Ireland legislation;

  • “secondary legislation” means an instrument made under primary
    5legislation.

6 Transitional, transitory or saving provision

The Secretary of State may by regulations made by statutory instrument make
such transitional, transitory or saving provision as the Secretary of State
considers appropriate in connection with the coming into force of any
10provision of this Act.

7 Extent, commencement and short title

(1) Sections 1 to 4—

(a) extend to England and Wales, and Scotland, and

(b) come into force on such day as the Secretary of State may by regulations
15made by statutory instrument appoint.

(2) The regulations may appoint different days for different purposes.

(3) Sections 5 and 6 and this section—

(a) extend to England and Wales, Scotland and Northern Ireland, and

(b) come into force on the day on which this Act is passed.

(4) 20This Act may be cited as the Driving Instructors (Registration) Act 2016.